A:
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of the Basic Law.
Is it possible that the judicature in Hong Kong could be delegated the right to interpret the Basic Law
in future?
The question on the right of interpretation needs further deliberations. Last time when Mr PENG Zhen, the Chairman (of the NPC Standing Committee) gave an interview to reporters from Hong Kong and Macau, he stated that the NPC Standing Committee was vested with the right of interpretation of the Basic Law. The Constitution and the constituent act of the NPC provide
that the right of interpretation of the Constitution and of the law shall go to the NPC Standing Committee. Though it had been stipulated by the 1954 Constitution that the NPC was vested with the right of interpretation, it only meets once every
several years, and so it could not cope with the need arising
from the interpretation of the law), With the enactment of
the 1982 Constitution, it provides that the right of interpretation
should go to the NPC Standing Committee instead. In general
principles, there would be such a provision on the right of
interpretation of the Basic Law. But we have to consider
whether flexibility should be given in some specific principles
of the Basic Law. The NPC Standing Committee has resolved that the right of interpretation shall be delegated to (lower) levels.
For interpretation of any law which is not clear enough and
hence requires supplementary interpretation, it shall be handled
by the NPC Standing Committee. For the actual applications of the law, the Supreme People's Court and the Supreme People's Procuratorate are vested with the right of interpretation. In
other words, the NPC Standing Committee is vested with the right of interpretation of the legislation while the Supreme People's
Court and the Supreme People's Procuratorate are vested with the
right of interpretation of the law in practical application. At
present, we cannot say for certain whether the right of inter- pretation of the Basic Law would follow this principle as we still have to take some deliberations. At any rate, the right of interpretation of the legislation shall go to the NPC Standing
Committee.